The Evolution of Islamic Legislation

Islam was revealed at a time when the Arabian Peninsula was in a state of social anarchy. The legislation on which Islam is built transformed this hedonistic pagan society into one based on social justice and morality of the highest order, with tauhid (monotheism) as its fundamental principle.

This study traces the evolution of Islamic legislation (the shari’ah) through six periods.

In this volume, the first three periods are explored, from the first revelation by Allah of the Holy Qur’an to Prophet Muhammad, peace be upon him, until his death. Then the rule under the four rightly guided caliphs – Abu Bakr, Umar, Uthman and Aliy (may Allah be pleased with them). And finally, the period of the scholars among the successors of the companions of the Prophet known as the Tabi-’in.

As a Faqih, Shaykh Abdurraghiem authored 30 books on various aspects of Islam such as Tauhid, Salaah, Zakah, Fasting, Hajj (from the viewpoint of all four major Schools of Thought), Maintenance and Child-care in Islam, Islamic Jurisprudence and Muslim Personal Law; including Marriage, Divorce and Inheritance.
Four of his publications are endorsed by Egypt’s Al-Azhar University. These are; The Comparative Study of Inheritance in Islam (376 pages), A Journey Through the World of Belief – A Book on Tauhid / Monotheism (377 pages), The Supernatural: Fact or fiction in Islam (96 pages) and The Laws pertaining to Mosques in Islam (176 pages). Shaykh Abdurraghiem’s final book published in his lifetime took seven years of research and writing. The Evolution of Islamic Legislation Volume One is a 606-page in-depth study of the development of the Shari’ah through the first three periods in Islamic history. Volume Two covering the fourth, fifth and sixth was unfortunately not realised.
Shaykh Abdurraghiem sadly did not live to see a final book – to which he painstakingly dedicated his last few years – published. This book, A Beginner Journey through the World of Islam is in its final stages of editing.

Islam was revealed at a time when the Arabian Peninsula was in a state of social anarchy. The legislation on which Islam is built transformed this hedonistic pagan society into one based on social justice and morality of the highest order, with tauhid (monotheism) as its fundamental principle.

This study traces the evolution of Islamic legislation (the shari’ah) through six periods. In this volume, the first three periods are explored, from the first revelation by Allah of the Holy Qur’an to Prophet Muhammad, peace be upon him, until his death. Then the rule under the four rightly guided caliphs – Abu Bakr, Umar, Uthman and Aliy (may Allah be pleased with them). And finally, the period of the scholars among the successors of the companions of the Prophet known as the Tabi-’in.

Volume two covers the remaining three periods; that of the four famous imams namely; Abu Hanifah, Malik, Shafi-’iy and Ahmad bin Hambal. They later developed the four major schools of thought in Islam. This era is known as the Golden period of the Islamic legislation since the caliphs granted leeway to those scholars who were qualified to resort to ijtihad (research).

An insight is provided for the establishment of the shari’ah and the various factors considered when the legislation was formulated. Verses expounding peace treaties and the fate of prisoners of war are discussed. The rules of war, the protection of women and children and the elderly are discussed in detail.

The first period focuses on the divine revelation (the Holy Qur’an), the reasons for its intermittent revelation over a period of nearly 23 years, the Meccan and Medinan periods and its explication by Prophet Muhammad.

The second and third periods explore the impact of the rule of the four caliphs on the development of the Islamic Legislation, as well as the introduction of analogical deductions and consensus among the scholars among the Companions, their successors and later scholars. The history of the compilation of the Holy Qur’an into book form and the establishment of the science of sayings and actions of Prophet Muhammad are clearly illustrated.

The rise of various sects in Islam and their influence on the shari’ah are further explored as well as the emergence of fabricators of prophetic traditions.

Excerpt

ISLAMIC LEGISLATION (TASHRI‘ AL ’ISLAMIY)

The Arabic word Tashri’ is derived from the root word shara’a which means “legislation or to legislate.” In terms of this subject, it infers ” to legislate”. It also infers to establish or discover principles/ rules, the systematic arrangement of rules, the elucidation and presentation of decrees (ahkams) at a level that could be comprehended by the masses and thereby serve as a guide to enhance their spirituality and beliefs. In addition, the word shara’a also means:

A waterhole where animals drink. The following example conveys the meaning in context. “The camels drank when they were led to the watering hole/place.”

A straight path. The holy Qur’an also refers to this type of meaning: “After this we have placed you on a straight path (of ethics), follow it and do not follow the desires of those unknown to you”. Al-Jathiyah, 45:18

Islam places serious emphasis on the belief in what God (Allah) decrees. So when man is afflicted with calamities or has important decisions to make in life, who or what does he turn to?

In today’s world where the use of fortune-tellers, sorcery, grave worshipping and witchcraft are so widespread, the author provides an insight into the clear direction Islam takes when it comes to using such avenues in one’s daily existence.

Fasting is one of the most meritorious acts in Islam. In this book the fiqh (jurisprudence) of fasting, as well as its excellence, virtues and benefits, are expounded upon, which will if read and understood, enhance the observance of fasting to a higher degree, Insha-Allah.

The definitions of fasting, the various types of fasting and its principles and rules are defined. The sighting of the crescent, the manner in which the months of Ramadan and Shawwal becomes official, the viewpoint of the astronomer and the Hakim (judge) are discussed.

Other interesting discussions include fasting on Youmush Shak (the day of doubt), the various viewpoints of Laylatul Qadr, the fifteenth night of Sha’ban (Laylatul Bara-’ah – the night of pardoning of sons), and the days when fasting becomes haram (unlawful), makruh (abominable) and sunnah (recommended).

Every Muslim is a congregant of some mosque and as a result becomes involved in its affairs either directly or indirectly. Since most mosques are governed by or have a Western-orientated constitution, this book examines its constitutionality from an Islamic perspective and assesses its validity as a guide to administering the affairs of a mosque.

Monotheism (Tauhid) – the Oneness of God (Allah) – is the very essence of Islam, encompassing the core belief system of a Muslim. This 377-page book explores and investigates in detail, the concept of Islamic monotheism, what Allah can and cannot be, that which is impossible (mustahil) and permissible (ja-‘iz) on Him, His twenty undisputed attributes an obligation on every Muslim to know and why it is necessary for all who submit to Islam to be aware of the honour He rightly deserves through His infinite qualities.